All licenses and permits issued under the provisions of this chapter shall be subject to revocation, suspension, or other appropriate penalties upon the occurrence of any of the following conditions:
(A) The licensee or permittee has violated any provision of this chapter or failed to pay timely any fees due under this chapter; or
(B) The licensee or permittee has violated any term or condition upon which such permit was issued; or
(C) The licensee, permittee, interest-holder, key management employee, or an employee has violated any statute or ordinance which violation relates to the establishment, maintenance or operation of the card room authorized by such permit; or
(D) The licensee or permittee has transferred any stock without approval of the city; or
(E) A licensee or permittee fails to make and file any statements as required by this chapter or the permit within the time required, or pay timely any sums due under the provisions of this chapter, or refuses to do either or both upon reasonable request; or
(F) The licensee or permittee has knowingly made false statements on any filing, registration or statement required under this chapter; or
(G) The operation of the card room violates the city's zoning, fire, building or other ordinances or regulations, or other applicable local, state, or federal laws or regulations; or
The operation of the card room substantially aggravates the crime problems in the area, makes law enforcement unduly difficult, or is otherwise detrimental to crime prevention or to the public peace. health or safety in the area.
(H) In making the determination of whether to revoke or suspend a license or to apply other appropriate penalties, the city may consider, but is not limited to the following factors:
(1) Any criminal convictions of the licensee, interest-holders, key management employees, or employees, involving lotteries, gambling, bookmaking, larceny, perjury, bribery, extortion, fraud, theft, embezzlement, or crimes involving moral turpitude, or convictions of the sale, possession for sale, or possession of a controlled substance, prostitution, pimping, or pandering, or convictions of any crime substantially related to a service or entertainment business;
(2) The commission of any act by the card room licensee, interest-holders, key management employees, managers or employees involving dishonesty, fraud or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another;
(3) Whether the card room licensee, interest-holders, managers, key management employees, or employees have previously operated in this or another state under a gambling, gaming or similar license or permit that has been revoked or suspended, the reasons therefor, and the actions of such person thereafter;
(4) Whether the card room licensee, interest-holders, managers, key management employees, or employees in this or another state has been denied a gambling, gaming or similar permit or permit the reasons therefor, and the actions of the persons and owners thereafter;
(5) The business and credit history of the card room licensee and owners;
(6) The nature of the conduct involved in the violations upheld;
(7) The duration of the conduct giving rise to the violations;
(8) The number of instances of violations involved. and whether or not the violations are part of a pattern of violations;
(9) Whether the violations were deliberate or inadvertent;
(10) The degree, financial or physical, of injury to any victim, or which was proximately caused by the violation;
(11) The motivation of the person(s) who committed the violations;
(12) Restitution provided to any victim; and
(13) Restitution provided to the city for the costs of enforcement or prosecution of any violations or injuries.
(I) Where appropriate, in addition to or in lieu of a suspension or revocation penalty, the city may impose other appropriate penalties, including but not limited to monetary penalties, restitution to victims, including the city, and modifications and limitations on the terms and conditions of the permit or license.
(Ord. 684 C.S., passed 6-3-98)